02-13-2019 Council Packet - Laserfiche WebLink

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6 start of construction. Subject to Unavoidable Delays, and contingent upon AFSA securing adequate financing, AFSA shall commence construction of the Improvements by June 1, 2019. Subject to Unavoidable Delays, AFSA shall have substantially completed the construction of the Improvements within 180 days following the actual commencement of construction, unless amended by the parties. Appropriate extensions of time for completion shall be made for time lost as a result of Unavoidable Delays or other factors approved by the City; provided that within twenty (20) days after the occurrence of an Unavoidable Delay or other factor, AFSA shall have notified the City in writing of such occurrence. Until construction of the Improvements has been completed, AFSA shall make reports to the City, in such detail and at such times as may reasonably be requested by the City, as to the actual progress of AFSA with respect to construction of the Improvements. AFSA shall allow designated representatives of the City to enter upon the Property during the construction of the Improvements to inspect such construction. Section 3.4. Certificate of Completion. (a) Promptly after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of AFSA to construct the Improvements (including the dates for beginning and completion thereof), and upon approval of the Improvements by the City, the City will furnish AFSA with an appropriate instrument so certifying (the Certificate of Completion). Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of AFSA and its successors and assigns, to construct the Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the City to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) If the City shall refuse or fail to provide any certification in accordance with the provisions of this Section, the City shall, within thirty (30) days after written request by AFSA, provide AFSA with a written statement, indicating in detail in what respects AFSA has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for AFSA to take or perform in order to obtain such certification. ARTICLE IV Use Covenant AFSA’s use and enjoyment of the Property shall be subject to the following covenants, conditions and restrictions.